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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 99-178 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 93-162 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Physical Collocation ) for Special Access and Switched Transport) ) Southwestern Bell Telephone Company,) Cost Support Filed under Request for) Confidential Treatment ) ) Cincinnati Bell Telephone Company,) Cost Support Filed under Request for) Confidential Treatment ) ORDER Adopted: January 19, 1999 Released: January 19, 1999 By the Chief, Competitive Pricing Division: I. Introduction 1. Southwestern Bell Telephone Company (SWB) and Cincinnati Bell Telephone Company (CBT) have filed requests for confidential treatment of certain cost support data submitted in the physical collocation tariff investigation, CC Docket No. 93-162. In this Order, we resolve the confidentiality requests filed by SWB and CBT in the physical collocation tariff investigation by permitting limited disclosure of the data at issue pursuant to a protective order. In addition, we adopt a comment schedule for interested parties to review these data. II. Background 2. On October 19, 1992, the Commission released the Special Access Expanded Interconnection Order, which directed Tier 1 LECs, other than National Exchange Carrier Association pool members, to provide expanded interconnection for interstate special access service through generally available physical collocation arrangements. Expanded interconnection for special access is a LEC offering that enables third parties, by interconnecting their circuits with those of the LEC at a central office through either physical or virtual collocation arrangements, to compete on a facilities basis with certain LEC access services, such as DS1 and DS3 service. Physical collocation is an offering that enables an interconnector to locate its own transmission equipment in a segregated portion of the LEC central office. The interconnector pays the LEC a tariffed charge for the use of that central office space, and may enter the central office to install, maintain, and repair the equipment. The LECs subject to the requirements of the Special Access Expanded Interconnection Order filed tariffs offering physical collocation arrangements for special access service and the Common Carrier Bureau (Bureau) suspended those filings, initiated an investigation in CC Docket No. 93-162, and designated issues for investigation. 3. On September 2, 1993, the Commission released the Switched Transport Expanded Interconnection Order, which extended the requirements of the Special Access Expanded Interconnection Order to interstate switched transport service. The LECs subject to the requirements of the Switched Transport Expanded Interconnection Order filed tariffs offering physical collocation arrangements for switched transport service and the Bureau suspended those filings, initiated an investigation, and consolidated that investigation into CC Docket No. 93-162. 4. During the course of the physical collocation tariff investigation in CC Docket No. 93-162, SWB and CBT filed requests for confidential treatment of certain cost support data under Exemption 4 of the Freedom of Information Act (FOIA), 5 U.S.C.  552(b)(4), and the Commission's parallel regulations governing treatment of private business information, 47 C.F.R.  0.457(d), 0.459. These data include detailed unit investment and expense items for unbundled components of these companies' DS1 and DS3 access services. SWB and CBT argue that release of these data would enable their competitors to develop pricing strategies to compete with the access services of these companies. 5. In the Physical Collocation Tariff Investigation Order, the Commission completed its investigation in CC Docket No. 93-162 for all LECs subject to that investigation except SWB and CBT. In that Order, the Commission, among other things, prescribed overhead loading factors for the physical collocation services of most LECs subject to the investigation. The Commission did not prescribe overhead loading factors for the physical collocation services of SWB and CBT because the confidentiality requests filed by these two companies in the physical collocation tariff investigation were still pending. The Commission stated that after the resolution of these confidentiality requests, it would determine whether the overhead loading factors that SWB and CBT assigned to physical collocation services resulted in rates that are above just and reasonable levels. III. Discussion 6. We resolve the requests by SWB and CBT for confidential treatment of certain cost support data filed in the physical collocation tariff investigation, CC Docket No. 93-162, by permitting limited disclosure of the data at issue pursuant to a protective order. The FOIA requires the Commission to disclose reasonably described agency records requested by any person, unless the records contain information that fits within one or more of the nine exemptions from disclosure in the Act. Under Exemption 4 of FOIA, confidential financial information is exempt from mandatory public disclosure. Financial information is "confidential" if disclosure of the information is likely either to impair the Government's ability to obtain necessary information in the future or to cause substantial harm to the competitive position of the person from whom the information was obtained. 7. We find that SWB and CBT have demonstrated a likelihood that substantial competitive harm will result from the unconditional release of the cost support data filed with their requests for confidentiality. The data for which SWB and CBT seek confidential treatment are disaggregated cost data for DS1 and DS3 services that have the potential of revealing these companies' market plans and positions in the access services market. These submissions provide specific details of investment components upon which these companies' direct costs are derived and, as such, provide insight into the business strategies of SWB and CBT with respect to these services. Such information could be used by competitors to devise strategies to introduce new services to the competitors' benefit, or exploit weaknesses in the existing operations of SWB and CBT. Accordingly, we conclude that the data that are the subject of the confidentiality requests submitted by SWB and CBT qualify as confidential financial information under Exemption 4 of the FOIA and are exempt from mandatory public disclosure. 8. Although we conclude that the data at issue should be withheld from disclosure on the public record, we find that a further analysis is necessary to determine whether limited disclosure is appropriate. Even when information falls within the scope of a particular FOIA exemption, we still have the authority to make the materials available to parties if disclosure would best serve the public interest. In evaluating the public interest, we note that the Commission has not yet concluded the investigation of the physical collocation tariffs of SWB and CBT and comment from parties on the detailed cost information filed with these companies' requests for confidentiality would assist the Commission in exercising its responsibility, under Section 204 of the Communications Act, to assess the reasonableness of the physical collocation rates of SWB and CBT. We therefore find it necessary to balance the need to protect proprietary information from public disclosure with the benefit of allowing parties to have access to documents that are potentially of decisional significance. We conclude that disclosure of the data at issue pursuant to a protective order best serves the public interest because it provides adequate protection of the confidential material while allowing maximum participation in this proceeding by interested parties. Accordingly, we adopt the protective order attached hereto as Appendix A to govern the release of the data that are the subject of the requests by SWB and CBT for confidential treatment in the physical collocation tariff investigation. Any party wishing to view this information must first sign the declaration contained in Appendix A, thereby agreeing to the terms of this protective order. 9. We find that in the case before us, it is appropriate to use the protective order that the Commission adopted in the virtual collocation expanded interconnection proceeding, CC Docket No. 94-97. Although the Commission last year adopted a model protective order to be used when it is appropriate to grant limited access to confidential information, each Bureau retains the authority to use a different or modified protective order if the Bureau determines such action is warranted. The protective order adopted by the Commission in CC Docket No. 94-97 is similar to the model protective order, but contains additional provisions that are particularly applicable to expanded interconnection proceedings, such as provisions related to the protection of equipment vendor prices. Therefore, we find that the protective order adopted in CC Docket No. 94-97 is appropriate for the physical collocation expanded interconnection proceeding before us. 10. A supplemental comment period will expedite review of the confidential data at issue by parties to the physical collocation tariff investigation and by the Commission. Accordingly, we establish a supplemental comment period as follows. Parties to the physical collocation tariff investigation in CC Docket No. 93-162 may submit comments on the confidential data at issue in this Order, pursuant to the terms of this Order and attached protective order, within 60 days of the release date of this Order. Replies to these comments may be submitted no later than 30 days from the date that the comments were filed. When filing comments and/or replies, please reference CC Docket No. 93-162. 11. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to . In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply. 12. Parties who choose to file by paper must file an original and four copies of all comments and reply comments. All filings must be sent to the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 - 12th Street, S.W., TW-A325, Washington, D.C. 20554. In addition, one copy of each pleading must be filed with the Commission's duplicating contractor, International Transcription Services (ITS), 1231 - 20th Street, N.W., Washington, D.C. 20036 and one copy with the Chief, Competitive Pricing Division, Room 518, 1919 M Street, N.W., Washington, D.C. 20554. IV. Ordering Clauses 13. Accordingly, pursuant to the authority delegated under sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, IT IS ORDERED that, for the purposes of this proceeding, the requests by Southwestern Bell Telephone Company and Cincinnati Bell Telephone Company for confidential treatment of certain cost support data filed in the physical collocation tariff investigation, CC Docket No. 93-162, ARE GRANTED IN PART and DENIED IN PART. 14. IT IS FURTHER ORDERED that the Protective Order attached hereto as Appendix A IS ADOPTED to govern the release of confidential data submitted by Southwestern Bell Telephone Company and Cincinnati Bell Telephone Company in the physical collocation tariff investigation, CC Docket No. 93-162. 15. IT IS FURTHER ORDERED that the schedule for comments to be filed in response to the confidential data submitted by Southwestern Bell Telephone Company and Cincinnati Bell Telephone Company in the physical collocation tariff investigation, CC Docket No. 93-162, IS ADOPTED, as specified in Section III of this Order. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau APPENDIX A Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 93-162 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Physical Collocation ) for Special Access and Switched Transport) ) Southwestern Bell Telephone Company,) Cost Support Filed under Request for) Confidential Treatment ) ) Cincinnati Bell Telephone Company,) Cost Support Filed under Request for) Confidential Treatment ) Protective Order 1. On this date, the Competitive Pricing Division of the Common Carrier Bureau is adopting both this protective order and an order addressing requests by Southwestern Bell Telephone Company (SWB) and Cincinnati Bell Telephone Company (CBT) for confidential treatment of certain cost support data filed by these companies in the physical collocation tariff investigation, CC Docket No. 93-162. In the order accompanying this protective order, the Competitive Pricing Division is granting in part and denying in part the requests by these companies. The Competitive Pricing Division is also ruling that the data that are the subject of these confidentiality requests must be disclosed, pursuant to this protective order, to all parties to the physical collocation tariff investigation for the sole purpose of permitting participation in this proceeding, including any appeals. Definitions 2. The term "party" as used in this Protective Order means any entity that is participating in Federal Communications Commission (Commission) CC Docket No. 93-162 and is seeking access to confidential information, as defined below. 3. For purposes of this Order, "Confidential Information" shall include: (i) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith constitutes trade secrets and commercial or financial information that is privileged or confidential within the meaning of Exemption 4 of the Freedom of Information Act, 5 U.S.C.  552(b)(4), and (ii) information submitted to the Commission by the producing party that has been so designated by the producing party and that the producing party has determined in good faith falls within the terms of Commission orders in this proceeding designating items for treatment as confidential. Confidential Information shall also include information specifically designated by the Commission in this proceeding as confidential. The Commission may, sua sponte or upon petition, determine that all or part of the information claimed by the producing party as "Confidential Information" is not entitled to such treatment. Procedure 4. In filings made in this docket, SWB and CBT, the producing parties, may designate certain documents and information they produce as "Confidential Information" consistent with the definition of that term in this Protective Order. All such documents and information shall be clearly labeled by SWB and CBT to show that the documents are considered "Confidential." 5. Personnel. (a) Counsel. All Confidential Information produced pursuant to this Protective Order shall be made available to parties solely through counsel for the parties, including in-house counsel, or persons working under the supervision of counsel within the following categories: (1) Attorneys, including in-house counsel, actively engaged in the conduct of this proceeding, secretaries, paralegal assistants, and employees of such an attorney to the extent reasonably necessary to assist in the review of tariff support materials and the preparation of documents in the proceeding, and (2) Any persons requested by counsel of record to furnish technical or other expert services, or otherwise to prepare material for the proceeding, except: (a) Disclosure shall be prohibited, subject to the limited exception set out in paragraph 5(b) below for deposition witnesses and outside consultants and experts, to persons now engaged, or who reasonably expect they will be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data. (b) For any such person who is in a position to use the information for competitive, commercial, or business purposes, other than those governed by subparagraph (a), disclosure shall be limited to the minimum extent necessary to obtain analysis and management guidelines for participation in this proceeding. In addition, disclosure shall be permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to obtain personnel who are not in a position to use the information for competitive, commercial or business purposes, and that such personnel do not exist. (b) Depositions. In the event the Commission orders that depositions may be taken, disclosure is permitted to persons noticed for depositions or designated as witnesses to the extent reasonably necessary to prepare testimony or to outside consultants or experts retained for the purpose of assisting counsel prepare testimony for such depositions. If such persons include those described in paragraph 5(a)(2)(a) above, then disclosure is permitted only upon sworn certification by counsel requesting such disclosure that he or she has used his or her best efforts to identify personnel with the same or substantially similar knowledge who are not now engaged, or who reasonably expect they will not be engaged, in the purchase of similar or identical equipment, or equipment substitutable in whole or in part for the equipment the prices of which are contained in the cost support data and that such personnel do not exist. (c) Personnel eligible to have access to Confidential Information pursuant to paragraphs 5(a) or (b) shall not be entitled to review any Confidential Information unless and until they sign Attachment A which states that they shall abide by the terms of the Protective Order. 6. Before a party, through counsel, discloses the physical collocation cost support data of SWB and CBT to any person listed in subparts (a) and (b) of paragraph 5(a)(2) who is a competitor (or any employee of, or consultant to, a competitor) of any equipment vendor the prices of which are contained in the physical collocation cost support data of SWB and CBT, the party shall give at least ten working days' advance notice in writing (initially via facsimile followed by first class mail, postage prepaid) to counsel for any equipment vendor the data of which are to be disclosed, stating the name and address of the person[s] to whom disclosure is to be made and stating the purpose of such disclosure in the form set forth in Attachment B. The facsimile numbers and addresses to be used for notice to the counsel for the equipment vendors are listed in Attachment C. Copies of the notice should be served on the Commission and all parties of record. If, within the ten-day period, a motion is filed objecting to the proposed disclosure, disclosure may not occur until the Commission has denied such motion and all appeals of the Commission denial of such motion are exhausted. 7. Prior to giving access to Confidential Information, as contemplated in Paragraphs 4-6 above, to any person authorized to be given access pursuant to this Order, counsel for the party seeking review of the Confidential Information shall deliver a copy of this Protective Order to such persons, and prior to disclosure, each such person shall agree in writing to comply with and be bound by this Protective Order in the form of Attachment A, attached hereto. Said counsel shall, at the time of the review of such Confidential Information, or as soon thereafter as practical, deliver to counsel for the party producing the Confidential Information a copy of Attachment A as executed, which shall show each signatory's full name, permanent address and employer, and the party with whom the signatory is associated. 8. Any party producing Confidential Information pursuant to this Order shall designate a Washington, D.C. location at which all parties shall be permitted access to and review of requested Confidential Information pursuant to the other terms of this Order. Any such access and review shall be limited to regular business hours after reasonable notice by the requesting party. 9. After reasonable request, two copies of information designated by the producing party as Confidential Information will be delivered to the party that requested the information, unless that information is voluminous. Unless otherwise ordered, voluminous information shall mean information of 300 pages or more. The two copies of the Confidential Information shall be provided to the requesting party's counsel of record who has agreed in writing to be bound by this Protective Order. Voluminous information designated as Confidential Information may be reviewed at the producing party's designated Washington, D.C. location. In addition, for voluminous information, the viewing party may request that two copies of some or all of the information be made at its expense, and be removed from the producing party's premises subject to all the other conditions in this Protective Order. 10. The copies are to be made by, or under the supervision of, the personnel of the party who produced such document, who will affix a stamp to each item to be copied denoting the Confidential designation of the item. The stamp shall be affixed in such a manner that the text of the Confidential Information is not obscured on either the original or any copies thereof. 11. The information produced shall be organized in a manner that clearly identifies each document or portion thereof that is claimed to be Confidential. SWB and CBT, the producing parties, shall be responsible for producing the Confidential Information in a sealed envelope that is clearly marked on the outside as containing Confidential Information and that clearly specifies the numbers of pages contained therein. 12. Counsel of record for the party authorized hereunder who requested the copies shall sign a statement in the form of Attachment D attached hereto verifying that the sealed envelope clearly marked as containing Confidential Information has been received and designating the name and address of the individual into whose custody the copies shall be delivered. The designated representative of the producing party shall also sign Attachment D and verify to whom the sealed envelope was delivered. Access to said copies shall be limited to those persons defined in Paragraph 5 of this Order. No additional copies shall be made, unless the parties agree otherwise, or upon a showing of a good cause the Commission directs otherwise. 13. Persons that have agreed in writing to be bound by this Protective Order and are therefore permitted access to Confidential Information by this Order may take notes regarding such information as may be necessary in connection with this proceeding. Such notes shall be treated in the same manner as the Confidential Information from which the notes were taken. Storage at the Commission 14. Confidential Information, including that portion of testimony containing references thereto, if filed with the Commission, shall clearly be labeled as Confidential and filed under seal, and shall be segregated in the files of the Commission, and shall be withheld from inspection by any person not bound by the terms of this Protective Order, unless such Confidential Information is released from the restrictions of this Order either through agreement of the parties, or, after notice to the parties and hearing, pursuant to the order of the Commission Staff, the Commission, or a court. Good Faith Use of Material 15. All persons having access to the confidential data shall use their best efforts to keep the Confidential Information secure in accordance with the purposes and intent of this Protective Order. To this end, persons having custody of any Confidential Information shall keep the documents properly secured during all times when the documents are not being reviewed by a person authorized to do so. 16. As obtained pursuant to this Order, Confidential Information shall be used exclusively for purposes of participating in this proceeding, including any appeals, and shall not be used or disclosed for any other purpose. The limitation on the use or disclosure of Confidential Information shall be construed to prohibit disclosure orally or in writing or through reproduction or by any other means to anyone not designated under paragraph 5 of all information contained therein. The limitation shall also be construed to prohibit making decisions, participating in any decision making process or rendering advice, legal or otherwise, wherein any information or knowledge derived from said information is used in any manner other than for purposes of this proceeding. 17. Persons obtaining access to Confidential Information under the terms of this order may disclose, describe, or discuss the Confidential Information in any pleading filed in CC Docket No. 93-162, but only if they file both a confidential version and a public version of the pleading under the following procedures: (a) Confidential Version. (i) Any pleading that includes Confidential Information shall be filed under seal and clearly marked "Contains Confidential Information Subject to Protective Order, CC Docket No. 93-162" and covered by a separate letter citing this Order. (ii) Subject to exceptions noted in (iii) below, any pleading containing Confidential Information shall be served only upon the Commission, the producing party, and any vendor the confidential equipment prices of which are reflected in the pleading. (iii) The Confidential Version will not be served on vendors if it contains the confidential equipment prices of more than one vendor. Other parties to this Protective Order may view the Confidential Version under the terms of this Protective Order. (b) Public Version. Any party filing a pleading that contains Confidential Information shall also prepare a separate public version in which all Confidential Information has been redacted. (i) On the same date that the Confidential Version is filed with the Commission, the party shall hand deliver the Public Version to the producing party and any vendors the equipment prices of which are included in Confidential Information and reflected in the Confidential Version. (ii) The producing party and vendors have five working days following receipt to object in writing to the filing of the Public Version. (iii) If no objections are filed, on the sixth working day following the delivery of the Public Version, the Public Version will be filed with the Commission for inclusion in the public record and will be served on all parties to the virtual collocation tariff review proceeding. (c) Computation of time. The time for filing responses to both the public and confidential versions of the pleading shall be computed from the day after the filing of the Public Version. See 47 C.F.R.  1.4(b) of the Commission's rules. Returning Material to Producing Party 18. Within thirty (30) days after completion of this proceeding and judicial review, the producing party may request the return of all Confidential Information furnished under the terms of this Protective Order. The Confidential Information must be returned within thirty (30) days after the request. Notes taken with regard to Confidential Information shall be destroyed at the time that Confidential Information is returned, in the presence of the party who produced the Confidential Information if that party so requests. Confidential Information made part of the record in any proceeding shall remain in the possession of the Commission, and, unless otherwise agreed by the party that produced the information or as provided by future order, shall continue to be subject to the protective requirements of this Protective Order. Other Rights Preserved 19. The signing of the Protective Order shall in no way constitute any waiver of the rights of any party to this protective order to contest any assertion of confidentiality or to appeal any finding that specific information is Confidential Information or should be subject to the protective requirements of this Order. The designation of any information as Confidential Information may be challenged before the Commission, or a court having jurisdiction to review a Commission determination, that said material should be so classified. 20. Disclosure of Confidential Information under this Protective Order shall not be deemed a waiver by either the producing party or the vendors the data of which are contained therein, in any other proceeding, agency, or court, of any privilege or entitlement to confidential treatment. Any parties receiving access to Confidential Information under this Order: (a) agree not to assert any such waiver; (b) agree not to use information derived from Confidential Information in any proceeding other than this one or for any purpose unrelated to other than this proceeding; and (c) agree that accidental disclosure of privileged information shall not be deemed a waiver of the privilege. 21. Nothing contained herein shall limit any party's right to judicial review of any decisions rendered hereunder. 22. Any failure to abide by the terms of this Protective Order may result in the imposition of sanctions, including dismissal of a party's petitions, or censure, suspension, or disbarment of the attorneys involved. See 47 C.F.R. 1.24. 23. Authority. This Protective Order is issued pursuant to Sections 4(i) and 4(j) of the Communications Act as amended, 47 U.S.C.  154(i), (j) and 47 C.F.R.  0.457(d). Attachment A to the Protective Order Declaration In the Matter of ) ) Local Exchange Carriers' ) CC Docket No. 93-162 Rates, Terms, and Conditions ) for Expanded Interconnection ) Through Physical Collocation ) for Special Access and Switched Transport) ) Southwestern Bell Telephone Company,) Cost Support Filed under Request for) Confidential Treatment ) ) Cincinnati Bell Telephone Company,) Cost Support Filed under Request for) Confidential Treatment ) I, ______________________________, hereby declare under penalty of perjury that I have read the Protective Order that has been entered by the Commission in this proceeding, and that I agree to be bound by its terms pertaining to the treatment of Confidential Information submitted by parties to this proceeding. I understand that the Confidential Information shall not be disclosed to anyone except in accordance with the terms of the Protective Order and shall be used only for purposes of the proceedings in this matter. I acknowledge that a violation of the Protective Order is a violation of an order of the Federal Communications Commission. I acknowledge that this Protective Order is also a binding agreement with the Submitting Party. (signed) _______________________________ (printed name) __________________________ (representing) ___________________________ (title) __________________________________ (employer) _____________________________ (address) _______________________________ _______________________________ (phone) ________________________________ (date) __________________________________ Attachment B to the Protective Order Notification to Equipment Vendors Pursuant to the terms of the Protective Order entered in CC Docket No. 93-162, notice is hereby given to counsel or designated representative of an equipment vendor(s), pursuant to paragraph 6 of the Protective Order in CC Docket No. 93-162, that copies of its equipment prices contained in confidential physical collocation cost support data of SWB and/or CBT have been disclosed to the person listed below pursuant to paragraph 5(a)(2) or 5(b). Statement of Receipt I, ___________________________________________, as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of equipment vendor) have received notice that equipment prices of ____________ (insert name of equipment vendor), as contained in the confidential physical collocation cost support data of SWB and/or CBT, have been disclosed to: Name: __________________________________ Title: __________________________________ Representing: ________________________________ Address: _______________________________ _______________________________ Facsimile No:___________________________ Signed on this ________ day of ________, 19__ _______________________ Signature Attachment C to the Protective Order Facsimile Numbers and Addresses to be used for Notice to Counsel for Equipment Vendors Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Name: _______________________________ Title: __________________________________ Representing: ___________________________ Address: _______________________________ _______________________________________ Facsimile No:____________________________ Attachment D to the Protective Order Statement of Receipt I, ___________________________________________, as (COUNSEL OF RECORD) OR (DESIGNATED REPRESENTATIVE) of ____________ (insert name of party) have received the sealed envelope marked "Confidential Information" for the purpose of making copies of said confidential information, pursuant to paragraph 12 of the Protective Order. These copies are to remain in the custody of: Name: __________________________________ Title: __________________________________ Address: _______________________________ Signed on this ________ day of ________, 19__ _______________________ Name:_________________